Charterparty terms - Discussion
This section is intended for conversation about different charter party terms between the members.
Also for discussing changes in charter parties, problems with a specific term you might have faced and of course ways to avoid such difficulties.
Starting with Gencon 94 Part II Clause 1:
It is agreed between the party mentioned in Box 3 as the Owners of the Vessel named in Box 5, of the GT/NT indicated in Box 6 and carrying about the number
of metric tons of deadweight capacity all told on summer loadline stated in Box 3
, now in position as stated in Box 8 and expected ready to load under this Charter Party about the date indicated in Box 9, and the party mentioned as the Charterers in Box 4 that:
The said Vessel shall, as soon as her prior commitments have been completed, proceed to the loading port(s) or place(s) stated in Box 10 or so near thereto as she may safely get and lie always afloat, and there load a full and complete cargo (if shipment of deck cargo agreed same to be at the Charterers' risk and
responsibility) as stated in Box 12, which the Charterers bind themselves to ship, and being so loaded the Vessel shall proceed to the discharging port(s) or place(s) stated in Box 11 as ordered on signing Bills of Lading, or so near thereto as she may safely get and lie always afloat, and there deliver the cargo.
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BIMCO Piracy Clause for Time Charter Parties
A special circular was circulated by BIMCO for the subjet. Please read the attached file
North of England P&I Club warns shipowners to avoid rightship charterparty clauses
The ‘A' rated, 95 million GT North of England P&I club has advised shipowners and charterers to avoid using charterparty clauses that require ships to be ‘approved' by independent ship vetting specialist RightShip. The warning is given in the latest issue of the club's loss-prevention newsletter Signals.‘RightShip is an independent ship vetting specialist that presents subscribers with a rating of a vessel's suitability for a particular task on a particular date,' says North's head of loss prevention, Tony Baker. ‘However, charterparty clauses that oblige owners to have a vessel "RightShip approved" on delivery - and to maintain such approval throughout the period of the charterparty - can give rise to disputes and problems of interpretation.'
According to the club, the problems stem from the fact that RightShip approvals are specific to the time they are given, and are given to a particular customer of RightShip subject to that customer's confidential requirements. ‘It therefore cannot properly be said that a ship has RightShip approval at any other time,' says Baker.
RightShip approvals are also not time limited and nor do they have a particular period of validity. As such the North says it is not really within the power of an owner to maintain such an approval throughout the period of a charterparty.
Baker points out that the position is further complicated if say, on a given day, a ship is approved for a RightShip customer with one set of requirements but not for another customer with a different set of requirements. ‘Is that ship RightShip approved or not? As there is no decided law on the point, it is impossible to say.'
Until the legal position becomes clearer, North is advising its shipowner and charterer members to avoid charterparty clauses requiring a ship to have or obtain RightShip approval. ‘Their effect is currently unclear and they are likely to give rise to disputes that may be difficult and expensive to resolve,' says Baker.
Πηγή: HELLENIC SHIPPING NEWS
Drafting group considers dry cargo vetting clause
In recent times it has become increasingly common for charterers in the dry cargo sector to have ships vetted for quality and suitability prior to employment by the boutique private vetting company Rightship. In some cases charterers have required owners to warrant Rightship “approval” throughout the period of the charter – something that Rightship does not provide and with which no owner can comply. The Secretariat has been approached by a number of members, including Rightship, on the issue of producing a BIMCO approved standard clause that establishes what owners and charterers can reasonably expect from the vetting process both prior to the fixture being concluded and after the charter has commenced.
BIMCO’s Documentary Department has put together a working group consisting of owner, broker and P&I Club representatives which meets for the first time today to determine how BIMCO may assist the industry with the development of a balanced and generic vetting clause
Source: Bimco
Voyage Charterparty- Late arrival at the port of loading
The charterparty included the following clause:
"Should the vessel not be delivered by 6pm on 10 May in London the charterer to have the option of canceling"
The vessel arrived at London in 10 May, 12 am and the master gave the NOR.
Is the charterer entitled to claim for damages???
